Terms of service

Terms of Service

Last updated: [Date]

These Terms of Service ("Terms") are the agreement between you and en/cor ("en/cor," "we," "us," or "our") when you visit our website, place an order, or use our products. By doing any of those things, you agree to these Terms. If you don't agree, please don't use the site or buy from us.

We've written these as plainly as we can. Where the law requires specific phrasing — usually around warranties, liability, and disputes — we've used the language that does the job and resisted the urge to dress it up. The plain-English headers and section summaries are for your convenience; if there's ever a conflict between a summary and the full text of a section, the full text controls.

1. Who can buy from us

To order from en/cor, you need to be:

At least 18 years old
A resident of the United States with a U.S. shipping address
Legally able to enter into a binding contract

We currently ship within the United States only. If you're outside the U.S., we appreciate the interest, but we can't fulfill your order at this time.

If you're buying en/cor as a gift for someone else, you're agreeing to these Terms on your own behalf at the point of purchase. The recipient agrees to the safety and use terms when they use the device.

2. Your order, our pricing, and how purchases work

When you place an order through our website (hosted on Shopify), you're making an offer to buy en/cor at the listed price. Your order is accepted when we send you a confirmation email and charge your payment method. Until that happens, we may decline an order — for example, if a product is out of stock, if there's a pricing error, or if we suspect fraud.

Pricing. All prices are in U.S. dollars and shown at checkout before you complete your purchase. We do our best to keep prices accurate, but if a price is wrong because of an obvious error or a system glitch, we're not obligated to honor it. If we discover a pricing mistake after you've ordered, we'll contact you, give you the choice to either cancel or pay the corrected price, and process a full refund if you cancel.

Taxes. Sales tax is calculated and added at checkout based on your shipping address.

One-time purchase, no subscriptions. en/cor is sold as a one-time purchase. We don't enroll you in any recurring subscription, membership, or auto-renewing service. The amount you see at checkout is the only charge that will appear on your statement for that order.

3. Shipping, returns, and warranty

Our Shipping Policy and Returns & Refunds pages spell out the specifics. The short version:

Shipping is included on orders within the U.S.
Returns are accepted within 90 days of delivery, opened or unopened, with free return shipping.
Warranty covers manufacturing defects for 2 years from your purchase date.

Those policies are part of these Terms by reference. If anything in this section conflicts with what's on those pages, those pages control for the specific issue they cover.

4. Important medical information about your en/cor device

Read this section carefully. It's the most important part of these Terms.

en/cor is an FDA-cleared electrical muscle stimulation (EMS) device intended for [INSERT EXACT CLEARED INDICATION FROM YOUR 510(k), e.g., "the stimulation of healthy muscles to improve and facilitate the performance of muscles, and for muscle re-education"]. FDA clearance means the device has been reviewed for safety and substantial equivalence to a legally marketed predicate device for this intended use. It does not mean the FDA has endorsed any specific health outcome we describe, and it does not substitute for advice from your own healthcare provider.

en/cor is not intended to diagnose, treat, cure, or prevent any disease. Anything we publish on our website, in our emails, or in our marketing — including descriptions of what users have experienced — is for general information. None of it is medical advice, and none of it should replace a conversation with a licensed physician, physical therapist, or other qualified clinician who knows your medical history.

Before you use en/cor, you must read the safety guide that ships with the device. It lists the contraindications, warnings, and precautions specific to EMS technology. EMS is not appropriate for everyone. People with certain conditions — including but not limited to implanted electronic devices (such as pacemakers and defibrillators), pregnancy, epilepsy or seizure disorders, active cancer, recent surgery, and certain skin conditions — should not use EMS without specific clearance from their physician, and in many cases should not use it at all.

If you have any health condition, are taking any medication that affects muscle, nerve, or cardiac function, or have any concerns about whether en/cor is appropriate for you, talk to your physician before using the device. That conversation is your responsibility, not ours.

By purchasing and using en/cor, you confirm that:

You've read or will read the safety guide before first use.
You've considered whether you have any of the contraindicated conditions listed in the safety guide, and either don't have them or have your physician's clearance to proceed.
You'll use the device as directed, only on the body areas it's designed for, and within the program guidelines provided.
You take responsibility for your own decision to use the device.

If at any time you feel pain, dizziness, irregular heartbeat, skin reaction, or any other symptom that concerns you, stop using the device and consult a healthcare provider.

5. Reviews, photos, and other content you submit

We allow customer reviews, before/after photos, and other content from real users. We think this is one of the most useful things on the site, and we want to encourage it. Here's how it works:

Your content stays yours, but you give us permission to use it. When you submit a review, photo, video, or any other content to en/cor (whether on our site, by email, or by tagging us on social media), you give us a worldwide, royalty-free, perpetual, non-exclusive license to use, display, reproduce, modify, and distribute that content in connection with our business — including in marketing, on the site, in emails, and on social media. You keep ownership of the content.

You confirm that the content is yours to share. Specifically, you confirm:

The content is original to you, or you have permission from everyone in it (and from anyone else with rights to it) to share it.
The content is truthful and reflects your actual experience.
You're not posting on behalf of a competitor, and you don't have an undisclosed financial relationship with us beyond the standard customer relationship.
The content doesn't violate anyone's privacy, publicity, or intellectual property rights.

What we won't post (or will remove). We reserve the right to decline, edit, or remove content that:

Contains medical claims that go beyond a personal experience description (e.g., "this cured my diastasis recti" rather than "I felt stronger in my core").
Is defamatory, harassing, threatening, hateful, sexually explicit, or otherwise inappropriate.
Includes private health information about a third party.
Promotes a competing product or service.
Appears to be fake, automated, or incentivized in a way the reviewer didn't disclose.

We don't pre-screen every submission. The fact that something appears on our site doesn't mean we've endorsed it.

If you want your content removed, email us at the address at the bottom of these Terms, and we'll take it down from properties we control as quickly as we reasonably can. Content already in third-party places (like a press article that quoted you) may be outside our control.

6. Acceptable use of the site

When using our website, please don't:

Try to access parts of the site you're not authorized to access, or interfere with the site's operation.
Use bots, scrapers, or automated tools to harvest content, prices, or customer data.
Attempt to reverse-engineer the site or its underlying systems.
Submit false information, use someone else's payment method, or engage in fraudulent purchases.
Use the site or our products to violate any law.

We can suspend or terminate your access to the site (and refuse future orders) if you do any of these things.

7. Our intellectual property

The en/cor name, logo, product designs, photography, copy, video content, software, and the overall look and feel of our website and packaging are owned by en/cor or licensed to us. They're protected by copyright, trademark, and other intellectual property laws. We grant you a limited, personal, non-transferable license to view our website and use what we sell you, for your own use. We don't grant you any other rights.

You can't:

Reproduce or republish substantial portions of our content without our written permission.
Use our name, logo, or imagery for commercial purposes (including affiliate or dropshipping schemes) without a written agreement.
Strip out or alter any proprietary notices on our materials.

Personal, non-commercial sharing — sending a friend a link, posting about your experience — is welcome.

8. Third-party links and services

Our site may link to third-party sites (for example, retailers, scientific journals, healthcare resources, or social platforms). We don't control those sites, we don't endorse everything on them, and we're not responsible for their content, practices, or terms. If you click through, you're on their turf, and their terms apply.

9. Disclaimer of warranties

This section uses the kind of language the law requires to be effective. The two-year warranty on your physical device, described in our Returns & Refunds policy, is not affected by this section.

OUR WEBSITE AND ALL CONTENT ON IT — INCLUDING PRODUCT DESCRIPTIONS, EDUCATIONAL MATERIAL, AND USER REVIEWS — ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY DESCRIBED IN OUR RETURNS & REFUNDS POLICY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EN/COR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE WEBSITE OR THE PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY HEALTH OR FITNESS OUTCOME DESCRIBED ON THE SITE WILL APPLY TO YOU INDIVIDUALLY.

Some states don't allow the exclusion of certain implied warranties, so parts of this section may not apply to you. In that case, those warranties are limited to the shortest period and narrowest scope allowed by law.

10. Limitation of liability

This section also uses the kind of language the law requires to be effective.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EN/COR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOST GOODWILL, OR PERSONAL INJURY OR PROPERTY DAMAGE BEYOND THE LIMITS DESCRIBED BELOW — ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR ANY PRODUCT, WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

This limitation applies regardless of the legal theory — whether contract, warranty, tort, strict liability, or anything else — and applies even if a remedy fails of its essential purpose.

Some states don't allow the exclusion or limitation of certain damages. In those states, our liability is limited to the smallest extent permitted by law. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or anything else that can't be limited by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless en/cor and its officers, directors, employees, and agents from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising from:

Your breach of these Terms.
Your misuse of the website or any product.
Your use of en/cor in a manner inconsistent with the safety guide or contrary to medical advice you received or should have received.
Content you submit to us, including any claim that your content infringes someone else's rights.

We'll let you know promptly about any claim and cooperate reasonably with your defense. We reserve the right to handle our own defense and choose our own counsel at our expense.

12. How we resolve disputes

We mean it when we say we'd rather hear from you sooner than later. If something goes wrong, we want to fix it before it becomes a legal matter. This section sets out how disputes between you and en/cor get handled.

Step 1: Talk to us first. Before either of us files anything formal, we both agree to try to work it out informally for at least 60 days. To start that process, send us a written notice describing the issue, what you'd like to happen, and your contact information to the address at the bottom of these Terms. We'll respond. Most things get resolved at this stage. If they don't, you (or we) can move on to Step 2 — but neither side can skip Step 1.

Step 2: Optional binding arbitration. If the 60-day informal period doesn't resolve things, either of us may elect to resolve the dispute through binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or by another mutually agreed administrator). The arbitration will be held in California, or another mutually agreed location, or by video, at your option. The arbitrator's decision is binding and can be entered as a judgment in any court of competent jurisdiction. We'll pay the arbitration filing and administrative fees beyond what you would have paid to file in court, unless the arbitrator finds your claim was frivolous.

Small claims court is always an option. Either of us can bring a qualifying claim in small claims court instead of arbitration, as long as the claim stays in that court and isn't escalated to a class or representative proceeding.

Class action waiver. Any arbitration or court proceeding under these Terms will be conducted on an individual basis only. You and en/cor each waive the right to bring or participate in a class action, collective action, or other representative proceeding. If a court decides this waiver isn't enforceable, then the entire arbitration agreement in this section is void as to that dispute, and the dispute will be resolved in court — but the rest of these Terms still apply.

Your right to opt out of arbitration. You can opt out of the arbitration provisions in this section by sending us written notice within 30 days of your first purchase from en/cor. Send your name, order number, and a clear statement that you're opting out of arbitration to the address at the bottom of these Terms. Opting out doesn't affect any other part of these Terms.

13. Governing law and venue

These Terms, and any dispute that isn't resolved through the process above, are governed by the laws of the State of California, without regard to its conflict-of-laws principles. For any claim that ends up in court (whether because of an opt-out, the small-claims carve-out, or because the arbitration provisions are found unenforceable), the exclusive venue is the state and federal courts located in [INSERT COUNTY, e.g., "Los Angeles County"], California. Both of us consent to the personal jurisdiction of those courts.

The United Nations Convention on Contracts for the International Sale of Goods doesn't apply.

14. Changes to these Terms

We may update these Terms from time to time. When we do, we'll change the "Last updated" date at the top and post the new version on the site. For material changes, we'll do our best to give you reasonable advance notice — for example, by email if you've shared one with us, or by a banner on the site. Your continued use of the site or your next purchase after a change becomes effective means you accept the updated Terms. If you don't accept them, please stop using the site.

For an existing order, the version of these Terms in effect when you placed the order continues to apply to that order.

15. Other terms

Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part is treated as modified to the minimum extent necessary to make it enforceable.

No waiver. If we don't enforce a right under these Terms in one situation, that doesn't mean we've given up that right in another situation.

Assignment. You can't assign or transfer your rights under these Terms without our written permission. We can assign our rights and obligations — for example, in connection with a merger or sale of the business — without your permission, as long as your rights aren't materially diminished.

Entire agreement. These Terms, along with our Privacy Policy, Returns & Refunds policy, Shipping policy, and the safety guide that ships with your device, are the entire agreement between you and en/cor regarding your use of the site and our products. They replace any prior agreements or representations on these subjects.

Force majeure. We aren't responsible for failures or delays caused by events beyond our reasonable control — natural disasters, pandemics, war, civil unrest, supply chain disruption, acts of government, or labor disputes.

No third-party beneficiaries. These Terms are between you and en/cor. They don't give anyone else the right to enforce them.

Electronic communications. When you visit the site or send us email, you're communicating with us electronically. You consent to receive communications from us electronically, and you agree that all agreements, notices, and other communications we provide to you electronically satisfy any legal requirement that those communications be in writing.

16. How to reach us

For questions about these Terms, to send a dispute notice under Section 12, or to opt out of arbitration:

en/cor [en/cor, LLC] [626 Wilshire Blvd,Suite 410-F28] [Los Angeles, CA 90017]

Email: support@encor.com